PATRICK IBE AMAIZU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ibiwoye J., of the Kwara State High Court, sitting at the Ilorin Division. The judgment was delivered on the 23rd day of September, 1998.
In the suit, the plaintiff now the respondent claimed two reliefs against the defendant now the appellant.
Pleadings were filed and duly exchanged. Both parties amended their pleadings at least once. The trial proceeded on the amended pleadings.
The claim in the amended statement of claim reads -
"(a) A declaration that the deed of transfer relating to the said house bought by the plaintiff from the defendant and lying and being at opposite Vehicle Inspection Office (behind Federal Housing Estate) Kulende, Ilorin, Kwara State, dated 11th of April, 1991, between the plaintiff and defendant is valid with legal effect.
(b) An order of specific performance against the defendant for a concluded agreement of sale on the building situate, lying and bei…